TERMS AND CONDITIONS

Thank you for selecting the Services offered by ClickCheck ltd and/or its subsidiaries and affiliates (referred to as “ClickCheck”, “we”, “our”, or “us”). Review these Terms of Service (“Agreement”) thoroughly. This Agreement is a legal agreement between you and ClickCheck. By clicking “I Agree,” indicating acceptance electronically, or by, installing, accessing or using the Services, you agree to this Agreement. If you do not agree to this Agreement, then you may not use the Services.

If you are an individual located in the European Economic Area (“EEA”) who is accessing or using ClickCheck services, sites, products, mobile applications, desktop applications, or software (collectively, “Services”) your relationship is with ClickCheck Ltd. (referred to as “ClickCheck”, “we”, “our”, or “us”).

Section A

GENERAL TERMS AND CONDITIONS FOR THE CLICKCHECK BY QUICKBOOKS SERVICES

  1. AGREEMENT

You must be at least 18 years of age to use our Services. By accessing or using our Services you agree that:

  • You can form a binding contract with ClickCheck;
  • You are not a person who is prohibited from receiving the Services under the laws of the United States, England, Wales, or any other applicable jurisdiction; and
  • You will comply with this Agreement and all applicable local, state, national, and international laws, rules, and regulations, including applicable trade regulations.
  1. YOUR RIGHTS TO USE THE SERVICES

2.1 The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by ClickCheck. ClickCheck reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, ClickCheck grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services.

2.2 You agree not to use, nor permit any third party to use, the Services in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:

  • Provide access to or give any part of the Services to any third party.
  • Reproduce, modify, copy, sell, trade, lease, rent or resell the Services.
  • Decompile, disassemble, or reverse engineer the Services.
  • Make the Services available on any file-sharing or application hosting service.
  1. PAYMENTS AND TAXES

For Services offered on a payment or subscription basis, the following terms apply, unless ClickCheck or its third party affiliate notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services:

  1. Payments will be billed to you in U.S. dollars or other currencies which may be made available (plus any and all applicable taxes, including without limitation VAT and GST, and your account will be debited (including any applicable taxes) when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.
  2. You must pay with one of the following:
    1. A valid credit card acceptable to ClickCheck;
    2. A valid debit card acceptable to ClickCheck;
    3. Sufficient funds in a checking or savings account to cover an electronic debit of the payment due; or
    4. By another payment option ClickCheck provides to you in writing.
  3. If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
  4. If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of the Services, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
  5. ClickCheck will automatically renew your monthly, quarterly, or annual Services at the then-current rates, unless the Services subscription is cancelled or terminated under this Agreement.
  6. Additional cancellation or renewal terms may be provided to you on the website for the Services.
  1. USE WITH YOUR MOBILE DEVICE

Use of these Services may be available through a compatible mobile device, Internet access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.

CLICKCHECK MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:

  1. THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;
  2. ANY LOSS, DAMAGE OR SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND
  3. ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
  1. DATA PROCESSING AND PRIVACY

5.1 If you use the Services: we will be the Controller of Account Data, and you will be the Controller of the Personal Data and Customer Data that we Process on your behalf and we will process that Personal Information as a Processor in accordance with our Data Processing Agreement available

5.2 The terms “Account Data,” “Controller,” “Customer Data,” “Processor,” “Data Subject,” “Personal data” (also referred to as Personal Information in the Agreement) and “Processing” (and “Process”) referenced herein shall have the meanings given in the Data Processing Agreement

5.3 California Consumer Privacy Act. For the purposes of the California Consumer Privacy Act (“CCPA”), ClickCheck shall be considered a Business and/or Third Party, as applicable. Where ClickCheck acts as a Third Party, you represent, warrant and covenant that all Personal Information provided or otherwise made available to ClickCheck is done so in compliance with applicable law, and that you have provided all necessary and appropriate notices and opt-outs, and otherwise has all necessary and appropriate rights, to enable ClickCheck to (i) share any and all Personal Information you provided with any ClickCheck company, including ClickCheck Inc. and any parent, subsidiary, affiliate, or related company of ClickCheck Inc. (collectively, the “ClickCheck Family Companies”), and (ii) use any such Personal Information in connection with any and all ClickCheck Family Companies’ internal operations and functions, including, but not limited to, improving such ClickCheck Family Companies’ products and/or services, operational analytics and reporting, internal financial reporting and analysis, audit functions and archival purposes. Notwithstanding the foregoing, the parties agree that the sharing of Personal Information between ClickCheck Family Companies does not constitute a “sale” of such Personal Information under the CCPA. Capitalized terms in this paragraph have the meanings given those terms under the CCPA.

  1. CONTENT AND USE OF THE SERVICES

6.1 Responsibility for Content and Use of the Services.

  1. Content includes any data, information, materials, text, graphics, images, music, software, audio, video, works of authorship of any kind, that are uploaded, transmitted, posted, generated, stored or otherwise made available through the Services (“Content”), which will include without limitation any Content that account holders (including you) provide through your use of the Services. By making your Content available through your use of the Services, you grant ClickCheck a worldwide, royalty-free, non-exclusive license to host and use your Content. Notwithstanding the foregoing, to the extent that any Content you provide to ClickCheck relates to or could be associated with any of your customers or users who are California residents (“Personal Information”) ClickCheck will only use such Personal Information as needed to deliver the Services. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. ClickCheck is not responsible for any of your Content that you submit through the Services.
  2. You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in, promote or transmit any of the following:
    1. Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that is excessively violent, incites or threatens violence, encourages “flaming” others or criminal or civil liability under any local, state, federal or foreign law;
    2. Content that would impersonate someone else or falsely represent your identity or qualifications, or that may constitute a breach of any individual’s privacy; is illegally unfair or deceptive, or creates a safety or health risk to an individual or the public;
    3. Except as permitted by ClickCheck in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or spamming or flooding;
    4. Virus, Trojan horse, worm or other disruptive or harmful software or data; and
    5. Any Content that you do not own or have the right to use without permission from the intellectual property rights owners thereof.

6.2 Restricted Use of the Services.

  1. You shall not, and shall not permit any users of the Services or any other party to, engage in, solicit, or promote any activity that is objectionable or may be illegal, violates the rights of others, is likely to cause notoriety, harm or damage to the reputation of ClickCheck or could subject ClickCheck to liability to third parties, including: (i) unauthorized access, monitoring, interference with, or use of the Services or third party accounts, data, computers, systems or networks; (ii) interference with others’ use of the Services or any system or network, including mail bombing, broadcast or denial of service attacks; (iii) unauthorized collection or use of personal or confidential information, including phishing, pharming, spidering, and harvesting; (iv) viewing or other use of any Content that, in ClickCheck’s opinion, is prohibited under this Agreement; (v) any other activity that places ClickCheck in the position of fostering, or having potential or actual liability for, illegal activity in any jurisdiction; or (vi) attempting to probe, scan, penetrate or test the vulnerability of an ClickCheck system or network or to breach ClickCheck’s security or authentication measures, whether by passive or intrusive techniques. ClickCheck reserves the right to not authorize and may terminate your use of the Services based on reasonable suspicion of your activities, business, products or services that are objectionable or promote, support or engage in any of the restricted uses described above.

6.3 Community Forums. The Services may include a community forum or other social features to exchange Content and information with other users of the Services and the public. ClickCheck does not support and is not responsible for the Content in these community forums. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which ClickCheck is not responsible.

6.4 ClickCheck May Freely Use Feedback You Provide. You agree that ClickCheck may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant ClickCheck a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to ClickCheck in any way.

6.5 ClickCheck May Monitor Content. ClickCheck may, but has no obligation to, monitor access to or use of the Services or Content or to review or edit any Content for the purpose of operating the Services, to ensure compliance with this Agreement, and to comply with applicable law or other legal requirements. We may disclose any information necessary to satisfy our legal obligations, protect ClickCheck or its customers, or operate the Services properly. ClickCheck, in its sole discretion, may refuse to post, remove, or refuse to remove, or disable any Content, in whole or in part, that is alleged to be, or that we consider to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.

  1. ADDITIONAL TERMS

7.1 ClickCheck Does Not Give Professional Advice. Unless specifically included with the Services, ClickCheck is not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.

7.2 ClickCheck May Tell You About Other ClickCheck Services. You may be offered other services, products, or promotions by ClickCheck (other “ClickCheck Services”). Additional terms and conditions and fees may apply. With some ClickCheck Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet.

7.3 Communications. ClickCheck may be required by law to send you communications about the Services or third party products. You agree that ClickCheck may send these communications to you via email or by posting them on our websites.

7.4 You Will Manage Your Passwords and Accept Updates. You are responsible for securely managing your password(s) for the Services and to contact ClickCheck if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.

  1. DISCLAIMER OF WARRANTIES

8.1 YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLICKCHECK, ITS AFFILIATES, AND ITS AND THEIR THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, “SUPPLIERS”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OF CONTENT IN OR LINKED TO THE SERVICES. CLICKCHECK AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.

8.2 CLICKCHECK, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.

  1. LIMITATION OF LIABILITY AND INDEMNITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF CLICKCHECK, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, CLICKCHECK, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET CLICKCHECK SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF CLICKCHECK AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF CLICKCHECK, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.

You agree to indemnify and hold ClickCheck and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as “Claims”). ClickCheck reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by ClickCheck in the defense of any Claims.

  1. CHANGES

We reserve the right to modify this Agreement, in our sole discretion, at any time, and the modifications will be effective when posted through the Services or on our website for the Services or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. It is important that you review this Agreement whenever we modify it because your continued use of the Services indicates your agreement to the modifications.

  1. TERMINATION

ClickCheck may, in its sole discretion and without notice, restrict, deny, terminate this Agreement or suspend the Services, related or other Services, effective immediately, in whole or in part, if we determine that your use of the Services violates the Agreement, is improper or substantially exceeds or differs from normal use by other users, raises suspicion of fraud, misuse, security concern, illegal activity or unauthorized access issues, to protect the integrity or availability of the Services or systems and comply with applicable ClickCheck policy, if you no longer agree to receive electronic communications, or if your use of the Services conflicts with ClickCheck’s interests or those of another user of the Services. Upon ClickCheck notice that your use of the Services has been terminated you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect ClickCheck’s rights to any payments due to it. ClickCheck may terminate a free account at any time. Sections 2.2, 3 through 15 will survive and remain in effect even if the Agreement is terminated.

  1. EXPORT AND TRADE RESTRICTIONS

You acknowledge that the Services, its related website, online services, and other ClickCheck Services, including the mobile application, delivered by ClickCheck are subject to restrictions under applicable US export control laws, including US trade embargoes and sanctions and security requirements, and applicable country or local laws to the extent compatible with US laws. You agree that you and your personnel who use the Services are not prohibited from receiving the Services under the laws of the United States, England, Wales, or other applicable jurisdiction. For example, you are not on the U.S. Treasury Department’s list of Specially Designated Nationals or the United Kingdom HM Treasury Financial Sanctions List, or are subject to any other similar prohibition. You will not export, re-export, import or otherwise make available products and/or technical data in violation of these laws and regulations, directly or indirectly.

  1. GOVERNING LAW

California state law governs this Agreement without regard to its conflict of laws provisions.

  1. DISPUTES

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE SERVICES OR THIS AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator shall apply California law to all other matters. All issues are for the arbitrator to decide, including issues related to the scope and enforceability of this arbitration provision. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND CLICKCHECK ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.

To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim to ClickCheck Inc., in care of our registered agent Corporation Service Company, 2711 Centerville Road, Wilmington, DE 19808. Arbitration will be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under the AAA’s rules, which are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees and costs will be governed by the AAA’s rules, but if you are unable to pay any of them, ClickCheck will pay them for you. In addition, ClickCheck will reimburse all such fees and costs for claims totaling less than $75,000 unless the arbitrator determines the claims are frivolous. Likewise, ClickCheck will not seek its attorneys’ fees or costs in arbitration unless the arbitrator determines your claims or defenses are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. This Section 14 shall survive expiration, termination or rescission of this Agreement.

  1. GENERAL

This Agreement, including the Additional Terms below, is the entire agreement between you and ClickCheck regarding its subject matter and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. Any license of ClickCheck software or purchase of ClickCheck services and support are made pursuant solely to the terms and conditions of this Agreement. Notwithstanding the content of any purchase order, sales order, sales confirmation, or any other printed or pre-printed document relating to the subject matter herein, the terms and conditions contained in this Agreement shall take precedence over any contract or other document between you and ClickCheck, and shall be incorporated by reference into any subsequent purchase order, sales order, or contract, and any conflicting, inconsistent, or additional terms and conditions contained therein shall be null and void. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You may not assign or transfer this Agreement to anyone without written approval of ClickCheck. However, ClickCheck may assign or transfer this Agreement without your consent to (a) an affiliate, (b) a company through a sale of assets by ClickCheck or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement, contact ClickCheck via an email to: transfer_license@ClickCheck.com.

December 2019

Section B

  1. THE SERVICE

ClickCheck is a mobile app or Internet-based service (the “Service”) which will permit the processing, retrieval, and transmission of transaction data submitted by you pursuant to the terms of this Agreement.

  1. SERVICE USE RESTRICTIONS.

As used herein, “Software” refers to any software incorporated into the Service.

  1. You shall have no right, title or interest in and to the Service or Software, which rights of ownership will always be held by ClickCheck.
  2. You acknowledge that the Service is not intended for permanent storage and agree not to use the Service for general archiving or back-up purposes. You also agree not to store “critical” data on the Service, including without limitation data pertaining to power generation, military or national security, or any function to sustain or rescue the health or well-being of any person.If you are registering for the Service on behalf of an entity or organization, (1) you confirm such entity or organization is duly authorized to do business in the country or countries where it operates, (2) you are an authorized representative of such entity or organization, and (3) you agree that the employees, officers, representatives and other agents of such entity or organization accessing the Service are duly authorized to access the Service and to legally bind such entity or organization to these terms.
  1. TRIAL VERSIONS AND BETA FEATURES.
  1. If you registered for a trial use of the Services (“Trial Period”), you must decide to purchase a Services subscription within the Trial Period in order to retain any Content that you have entered through the Services, created within the Services data file, posted or uploaded during the Trial Period. If you do not purchase a Services subscription by the end of the Trial Period, your Content may no longer be available to you. To be very clear, after using the Services during the trial period, if you decide not to purchase the Services subscription, you may not be able to access or retrieve any of the data you added or created with the Services during the trial.
  2. From time to time, ClickCheck may, at its sole discretion, include new and/or updated beta features (“Beta Features”) in the Services for your use and which permit you to provide feedback (fees may apply). You understand and agree that your use of the Beta Features is voluntary and ClickCheck is not obligated to provide you with any Beta Features. You understand that once you use the Beta Features, you may be unable to revert back to the earlier non-beta version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Beta Feature back to the earlier non-beta version. The Beta Features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that all use of the Beta Features is at your sole risk.
  1. NO REFUNDS.

The Service is billed in advance on a monthly or annual basis, depending on the pricing option selected, and is NON-REFUNDABLE, unless otherwise provided by ClickCheck. There will be no refunds or credits for partial months of service, upgrade or downgrade refunds, or refunds for months unused with an open account.

  1. PERSONAL INFORMATION.

5.1 Personal Information. You represent and warrant to us that:

5.1.1 You will provide appropriate notice and have obtained (or will obtain) all consents and rights necessary for us to Process the Personal Information in accordance with applicable law ;

5.1.2 If you are providing Personal Information to us that is not personal to you and from customers or users who are located in countries outside the United States, you agree that you have either provided the Data Subject notice or received permission from the Data Subject and have the appropriate legal basis, as required by applicable law, for us to:

(a) use, and/or disclose the personal information in accordance with the ClickCheck Data Processing Agreement

(b) move the data outside of the country of residence of such owner of the personal data, if applicable, pursuant to the ClickCheck Data Processing Agreement and the Non-US Privacy Statement

(c) provide the Personal Information to Third Party Products that you approve; and

(d) otherwise use and disclose the Personal Information in accordance with this Agreement and the ClickCheck Data Processing Agreement.

5.1.3 If there is any discrepancy between this Agreement and the ClickCheck Data Processing Agreement with respect the collection, use, and/or disclosure of Customer Data (as defined in the Data Processing Agreement), the ClickCheck Data Processing Agreement will control. Notwithstanding the foregoing this Agreement will control for purposes of CCPA.

5.2 Public Content. As a User you may have the opportunity to share your data, Content, or ways in which you aggregate data (“Account Content”) with other Users, other ClickCheck customers, and other third parties. When sharing any Account Content, you agree not to share any confidential information. If you have the option of accessing another User’s Account Content, you understand and agree that the Account Content is being provided by the User, and not ClickCheck, for information and guidance purposes only, and ClickCheck and such User are not responsible in any way for your use the Account Content.

5.3 Telephone Numbers. You may provide us with your telephone number as part of your customer record or registration or via other methods. You understand and agree that ClickCheck may use your telephone number for “multi-factor authentication” (“MFA”), to confirm your identity and help protect the security of your account. Part of the MFA identity verification process may involve ClickCheck sending text messages containing security codes to your telephone number. You agree to receive these texts from ClickCheck containing security codes as part of the MFA process. In addition, you agree that ClickCheck may send automated text messages and pre-recorded voice messages to the telephone number you provide for other limited purposes, including: providing you with important critical notices regarding your use of the Services, or fulfilling a request made by you through the Services. Additionally, ClickCheck may use your telephone number to contact you about special offers or other ClickCheck or third party products or services unless you opt out of such marketing.

  1. MISCELLANEOUS TERMS.
  2. You acknowledge that the Service does not provide a solution to any mental health issues and you agree to take full responsibility ensure your employees are cared for or seek medical attention yourself. Any self-harm or mental health related issues are not the responsibility of ClickCheck.